Terms and Conditions

Acceptance

By using this website, requesting a script, or engaging us for a project, you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind that company. If you do not agree, do not use the site or engage our services.

Order of precedence

A signed proposal, statement of work, or master services agreement takes priority over these terms where the two conflict. These terms apply to everything that document does not cover, and they apply in full where no such document exists.

Scope of work

The deliverables, runtime, format, and price for a project are defined in the proposal for that project. Anything not listed in the proposal is out of scope. Requests that fall outside the agreed scope, including additional deliverables, added runtime, new hook variants, or reframed cut-downs, are quoted separately and require written approval before we begin them.

Scripts provided before payment

We may write and present a script before any payment is made. That script remains our property until the project is paid for. It is provided for the sole purpose of evaluating whether to engage us, and it may not be produced, adapted, distributed, or given to another vendor for production. If a script we wrote is used in whole or substantial part without engaging us, the full project fee for the applicable tier becomes payable.

Providing a script does not create an obligation on either side to proceed with production.

Client responsibilities

Production depends on you supplying what we need on time. That includes product access, brand assets, feedback, and approvals. You are responsible for:

• Providing accurate information about your product, and confirming that any claims we are asked to include are true and substantiated.
• Confirming you hold all necessary rights to any logos, footage, screenshots, music, trademarks, or other material you supply to us.
• Reviewing and approving each stage within the timeframe set in the proposal.
• Obtaining any regulatory, legal, or internal approval your industry requires before the video is published.

We rely on what you tell us and do not independently verify product claims or your rights to supplied material.

Revisions and approvals

Revision allowances are set out in the proposal. Approval at each stage is treated as final for that stage. Changes requested after a stage has been approved, including changes to an approved script or storyboard once animation has begun, are billable at our then-current rates.

If you do not respond to a request for feedback or approval within fifteen business days, we may treat the current version as approved and invoice accordingly.

Timelines

Delivery dates in a proposal are estimates based on prompt feedback and timely delivery of your materials. They are not guarantees, and they shift by at least the length of any delay on your side. We are not liable for losses arising from a delivery date being missed.

Fees and payment

Fees are stated in the proposal and are exclusive of any applicable taxes. Unless the proposal says otherwise, invoices are due within fifteen days of issue.

• Deposits and stage payments are non-refundable once the work for that stage has begun.
• Overdue amounts accrue interest at 1.5% per month, or the maximum permitted by law if lower.
• We may suspend work and withhold deliverables while an invoice is overdue.
• You are responsible for our reasonable costs of collection, including legal fees, on amounts properly owed.
• Chargebacks or payment disputes raised without first contacting us in writing are a breach of these terms.

Ownership of the work

On receipt of payment in full, we assign to you the rights in the final delivered video that are needed for you to use it for your business, worldwide and without time limit.

We retain ownership of everything else: project files, source files, working files, templates, rigs, presets, unused concepts, scripts and storyboards not taken to production, and the general methods, techniques, and know-how used to produce the work. Source files can be licensed separately if you want them.

Third-party assets such as stock footage, music, and fonts are licensed, not owned, and are passed to you subject to the terms of the underlying licence. Some licences do not permit certain uses, including broadcast or paid distribution above defined thresholds. Extending a licence is your cost.

Until payment is made in full, all rights in the work remain with us and you have no licence to use it.

Portfolio rights

We may display completed work, your name, and your logo in our portfolio, case studies, social media, and advertising, and may describe our role in the project. If you need this delayed until your own launch, or withheld entirely, tell us in writing before the project starts and we will agree terms.

Confidentiality

Each side will keep the other's non-public information confidential and use it only for the project. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law. A separate signed non-disclosure agreement takes precedence over this section.

No guarantee of results

We do not guarantee any business outcome from the work we produce.

Case studies, performance figures, and examples shown on this site describe what specific clients experienced in their own circumstances. They are not a prediction, promise, or warranty of what you will achieve. Results depend on your product, market, pricing, distribution, spend, and many other factors outside our control. Nothing on this site or in our proposals is business, financial, or legal advice.

Warranties and disclaimer

We warrant that we will perform our services with reasonable skill and care, and that the work we originate will be our own.

Except as expressly stated in these terms, the website and all services and deliverables are provided as is and as available, without warranties of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or loss of data, however caused and regardless of the theory of liability, even if advised of the possibility.

Our total aggregate liability arising out of or relating to these terms or any project will not exceed the fees you actually paid us for the specific project giving rise to the claim.

Nothing in these terms limits liability that cannot be limited by law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

Indemnity

You will indemnify and hold harmless Player Owner LLC, its owners, employees, and contractors from any claim, loss, liability, or expense, including reasonable legal fees, arising from material you supplied to us, from claims or statements about your product that you asked us to include, from your use or publication of the deliverables, or from your breach of these terms.

Termination

Either side may end an engagement on written notice. If you terminate, you remain liable for all work completed or in progress up to the date of termination, and deposits already paid are not refunded. If we terminate other than for your breach, we will refund amounts paid for work not yet performed.

We may suspend or terminate immediately if payment is overdue, if you are abusive to our team, or if you ask us to produce content we reasonably believe to be unlawful, misleading, or infringing.

Website use

The content of creative-clout.com, including our videos, copy, and design, belongs to us or our licensors and may not be copied, scraped, republished, or used to train machine learning models without our written permission. You may not attempt to interfere with the operation or security of the site.

Force majeure

Neither side is liable for delay or failure to perform caused by events outside its reasonable control, including outages, natural events, illness, labour disruption, or government action.

Governing law and disputes

These terms are governed by the laws of the State of California, without regard to conflict of law rules. Before starting formal proceedings, the parties will attempt in good faith to resolve any dispute by discussion for thirty days. Any dispute that cannot be resolved will be brought exclusively in the state or federal courts located in Los Angeles County, California, and both parties consent to that jurisdiction.

Any claim must be brought within one year of the event giving rise to it. Claims must be brought individually and not as part of a class or representative action.

General

If any provision is found unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver of it. You may not assign these terms without our consent. We are an independent contractor, not your employee, partner, or agent. Together with any signed proposal, these terms are the entire agreement between us on this subject.

Changes to these terms

We may update these terms. The version in effect when your project is signed governs that project. Continued use of the website after an update means you accept the updated terms.